From Casetext: Smarter Legal Research

Moore v. State

State of Texas in the Fourteenth Court of Appeals
Jan 24, 2019
NO. 14-18-01090-CR (Tex. App. Jan. 24, 2019)

Opinion

NO. 14-18-01090-CR

01-24-2019

MAURICE LEE MOORE, JR., Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 300th District Court Brazoria County, Texas
Trial Court Cause No. 81635-CR

MEMORANDUM OPINION

After a jury found appellant guilty of aggravated assault, he entered into an agreement with the State to serve 25 years in prison. Appellant was sentenced on March 13, 2018. Appellant filed an untimely motion for new trial on December 20, 2018. Appellant's notice of appeal was not filed until December 20, 2018.

A defendant's notice of appeal must be filed within 30 days after sentence is imposed when the defendant has not timely filed a motion for new trial. See Tex. R. App. P. 26.2(a)(1). A notice of appeal that complies with the requirements of Texas Rule of Appellate Procedure 26 is essential to vest the court of appeals with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. Under those circumstances it can take no action other than to dismiss the appeal. Id.

Accordingly, the appeal is ordered dismissed.

PER CURIAM Panel consists of Chief Justice Frost and Justices Jewell and Bourliot. Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Moore v. State

State of Texas in the Fourteenth Court of Appeals
Jan 24, 2019
NO. 14-18-01090-CR (Tex. App. Jan. 24, 2019)
Case details for

Moore v. State

Case Details

Full title:MAURICE LEE MOORE, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jan 24, 2019

Citations

NO. 14-18-01090-CR (Tex. App. Jan. 24, 2019)